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  Management Feature

Shop Policies on Illegal Drugs

Posted 3/7/2000
By Wade Stone

David Smith owns Complete Car Care, a busy automobile repair shop in Orlando, Fla. Smith hired a new employee, John, who had impeccable credentials - years of experience, countless certifications and an eager attitude. The first few weeks were impressive. Smith thought for sure he had made a great hiring decision.

Soon, however, complaints started coming in. One fellow employee reported that John simply blew up for no apparent reason. He got frustrated with a repair job and kicked the right-front fender of the car, causing a noticeable dent. One customer commented on how short-tempered John was over a routine maintenance check, murmuring obscenities and demeaning remarks in front of the customer. After it was too late, another employee reported he constantly saw John taking what he thought was a prescribed medication.

One day John was ordered to complete a simple tire rotation job for a new customer. The car's owner, a young mother of two, patiently waited in the lobby until the job was complete. Within minutes of leaving the repair shop, the front tire began to wobble so much the mother lost control. She swerved off the road, hitting a small guardrail. Fortunately her baby girl wasn't hurt, but she and her 7-year-old son were banged up badly.

After further investigating the cause of the accident, authorities discovered that one of the tires had only two lug nuts partially attached. It was immediately determined that John was negligent in tightening the lugs. He says he was almost positive he checked everything, but John never completed the routine safety checklist mandated by the shop before allowing any customers to leave with their vehicles. He was directly responsible for the misfortunate accident.

Per company insurance policy regulations, John was mandated to take a drug test. The results showed that he was three times over the positive limit for Phencyclidine, commonly known as PCP. PCP produces behavioral alterations that are multiple and dramatic. Chronic users of PCP report persistent memory problems.

John's negligence eventually cost Complete Car Care $116,400 in liability damages. John later admitted to a long history of problems with drugs. All of which could have been avoided if Smith, the repair shop owner, maintained an active drug-free workplace program. Smith learned an expensive lesson.

How many "Johns" do you work with? More than 70 percent of illicit drug users are employed. Are you sure the guy working next to you won't harm you, himself or others? Are you sure he should be driving the company vehicle? Just how safe is your workplace from the careless errors of someone under the influence of drugs or alcohol?

Review the sidebar below to see how alarming the problem really is! Most people think it is a problem that doesn't affect them, but in fact it is a problem that affects everybody, directly or indirectly.
Just How Bad is Drug Abuse in the Workplace?

  • Approximately 70 percent of illicit drug users, age 18-49, are employed full time. Among full-time workers, there are 6.3 million illicit drug users and 6.2 million heavy alcohol users; 90 percent of all alcoholics are employed.
  • 60 percent of all users will sell drugs to other employees, and 40 percent will steal from the company to support their habit.
  • It is estimated that drug users cost businesses over $100 billion per year.
  • Full-time workers who use drugs are more likely to have had three or more employers in the past year, and have taken an unexcused absence from work in the past month.
  • Drug-abusing employees acquire 300 percent higher medical costs and benefits.
  • Illicit drug users are five times more likely to file a workers' compensation claim.
  • Credible studies show that a substance abuser will function at about 67 percent of his/her capacity.
  • Substance abusers see their doctors 13 times more per year, and are absent 16 times more than non-abusers.
  • Alcoholism alone causes 500 million lost workdays each year.

Source: The National Household Survey on Drug Abuse, conducted by the U.S. Dept. of Substance Abuse and Mental Health Services Administration (SAMSHA); and from "Background Information: Workplace Substance Abuse," published by the U.S. Department of Labor.

A Win-Win Situation
Having a drug-free workplace is a win-win situation for everybody except the illicit drug user.

As a result of the Complete Car Care incident, Smith implemented a comprehensive substance abuse policy. Under that policy, all new employees were required to take a drug test; current employees were chosen at random by a third-party administrator, or upon reasonable suspicion of a supervisor. If existing employees were found to be abusing alcohol or drugs in any manner, they were given the option of either enrolling in a rehabilitation program or being discharged.

"When this policy was implemented, one of the employees decided to quit his job instead of submitting to drug testing. But most of the employees gladly accepted the policy and are still with the company today," says Smith. "As a result, we have a safer working environment."

The company's decision is one in the increasingly popular effort by companies today to implement a drug-free policy. Drug screening is a practical method to save money through lower liability and workers' compensation premiums, as well as fewer workplace accidents.

SAMSHA recently released a report, An Analysis of Worker Drug Use and Workplace Policies and Programs. The data is taken from the 1994 National Household Survey, published in 1995. Smaller organizations of one to 24 employees have the highest rate of current illicit drug use at 11 percent. Organizations of 25-499 employees and 500 or more employees have a much lower drug-use rate of 5.4 percent each (the analysis discusses why). More than 68 percent of workers from organizations with 500 or more employees say their company has a drug-testing component to its substance abuse prevention program, while only 22.5 percent of workers from organizations with 1-24 employees say that their companies conduct drug testing.

The continuing trend is for drug-using employees to apply to companies that do not maintain a drug-free workplace program. It makes sense! Small- to medium-sized companies are getting the castaways from larger companies that drug test.

Employees of Complete Car Care and their families credit the substance abuse program with preventing many lives from being destroyed by drug and alcohol abuse. In fact, satisfaction surveys have indicated employees feel more comfortable and safe in their workplace knowing that they are working with drug-free employees.

"The decision to screen employees has had a huge financial benefit," says Smith. "The amount of money that is spent on my substance abuse program and testing is nothing compared to the costs involved whenever an accident occurs. The last thing I need is another multi-thousand dollar lawsuit caused by an employee under the influence."

Tests cost an average of $30 to $45 per person. Test screens search for five to 10 different illegal drugs, the most common being marijuana, cocaine, amphetamines, opiates, and PCP.

What many employers don't know is that they may be able to receive a workers' compensation premium discount of at least 5 percent. Nor do they know they can deny claims for employees who have an accident and test positive. These factors alone outweigh the cost of testing, not to mention credible studies that show several other cost-saving factors: drug-free workplaces gain more productivity from employees, have less turnover, waste less supervisory and training time, file fewer workers' compensation claims, experience less absenteeism, and retain quality employees for a much longer time.

How To Establish a Substance Abuse Program
First and foremost, a substance abuse program should reflect the company's commitment to implement and maintain a workplace free of substance abuse. If handled fairly and professionally, this commitment will find acceptance by the employees. There is no absolute "standard policy" that all companies must use. The program will depend upon individual company circumstances, needs, location, resources and substance abuse experiences.

The most successful programs adopt five main components: a written policy statement, supervisor training, employee education and awareness, an employee assistance program, and drug and alcohol testing.

Creating a Written Policy Statement
A policy needs to address all the elements of the substance abuse program. Enlisting the input and ideas of employees will not only establish policy needs, but also help gain the acceptance and ownership from the employees. The policy should describe why the test is being administered, who will be tested and what the consequences will be for failure or refusal to take the test. It is recommended that a company have all policies reviewed by legal counsel for advice.

Training Supervisors Many of the problems encountered when implementing and maintaining a program can be avoided by gaining the full support of the supervisors. It is equally important to train supervisors to follow established procedures and to handle substance abuse issues consistently and fairly. Supervisors should not be expected to diagnose possible substance abuse problems. They should, however, be able to identify poor job performance and follow standard company procedures for dealing with them.

Educating Employees
Educating all employees is a critical step in the success of the program. The format for educating employees will differ by company. However, all companies should provide some of the basic information about their program:

  • Information about the dangers of drugs and alcohol.
  • Describe the impact that substance abuse can have on safety at work.
  • Reiterate how the company's substance abuse policy applies to everyone.
  • Describe how the program works, including testing procedures and employee assistance program (EAP) opportunities.
  • Explain how employees and their dependents, if included, can get help through the company's EAP or through available services in the community.

Providing Employee Assistance

An employee assistance program is a work-based program designed to assist workers whose job performance is negatively affected by personal problems. For an EAP to be successful, it must be viewed by employees as a confidential source of help. Those who solicit services from the EAP must believe that their job will not be jeopardized. However, those who test positive and are offered rehabilitation from an EAP must know that they will still be held accountable according to company policy.

Almost any size company can offer its employees the services of an EAP. Many employers are concerned about whether it is a cost-effective alternative. Some think that automatic termination is a must. Those decisions will have to be made while developing the company policy. Many employers have found that their EAP has produced loyal employees.

EAPs can be tailored to specific needs of individual companies. Regardless of the formality of services, employee assistance programs can be a valuable asset to a substance abuse program.

Drug and Alcohol Testing
Drug and alcohol testing by itself does not produce a successful substance abuse program. When combined with the components mentioned above it can be an effective deterrent to substance abuse.

You may want to consider hiring a third-party administrator (TPA) for the testing. An effective TPA will help develop a customized needs profile with individual companies, as well as offer policy assistance, random selection capabilities, selection of collection sites, and all necessary documentation and forms. Be sure to use a TPA that works with a certified lab. Also make sure they use a certified Medical Review Officer (MRO). As drug testing gained popularity, so did questionable laboratory and MRO services. Certification of laboratories and MROs can be obtained through the U.S. Department of Health and Human Services.

Before implementing a drug and alcohol testing program, several questions should be considered:

  • Who will be tested? All employees? New applicants? Safety-sensitive employees?
  • Will there be random testing? (Random testing is an effective method of keeping employees accountable. Many federally regulated companies must adhere to random guidelines).
  • What penalties will employees and applicants face for failure or refusal to take the test?
  • Who will conduct the testing program? (Again, you might want to consider hiring a TPA. Will your employees go to a convenient collection site, or will services be solicited to collect at the company location?)

Some Companies Have Expressed Concerns
Some of the most commonly expressed concerns from employers include the issue of false positives, adulterated specimens, cost of testing, and being able to attract enough qualified employees. All legitimate concerns!

"Most companies that do not conduct drug testing simply don't understand it," says Philip DuBois, the national director of toxicology for a national laboratory based in Chantilly, Va. "The main purpose of substance abuse programs is to provide a safety mechanism for those who come to work under the influence of illicit drugs, not to 'catch' those who went out on Friday night and had a few drinks."

"Many people and companies worry about false positive test results, which is when a test comes back positive usually due to prescribed medications," DuBois admits. "But the drug testing industry has developed many safeguards and confidentiality procedures over the years to ensure the quality and accuracy of drug testing." He continues, "laboratories first conduct an initial screen. This test is fairly accurate and reliable, but can also detect over-the-counter medications. As a result of any initially positive test, a second test is performed (by gas chromatography/mass spectrometry, or GC/MS), which is highly accurate and will rule out any false positives on the first test. Furthermore, a certified MRO should be used to double check the results and determine if any mistakes were made."

DuBois suggests another concern, "Many companies express a concern about employees potentially adulterating their sample, or in other words, tampering with it. The most common method is by substituting someone else's urine, or by adding one of the many advertised adulterants on the market to their sample. What many people don't know is that the laboratories are many steps ahead of would-be offenders. The collection site personnel are trained to perform collections with carefully established procedures. They are also trained to look out for obvious signs of adulteration. Several steps are taken by the laboratory and by personnel to determine if specimens are adulterated, including temperature checks and specific adulterant testing. Labs can prove if a donor tampered with a specimen."

It is true that most companies will have fewer job applicants beating on the door. Some will notice a sign in the office indicating "This is a Drug-Free Workplace" and immediately turn around and walk away. Employers must realize this is a good thing. Why waste supervisory time, training dollars, and valuable resources on a substance-abusing employee who statistically will be less productive, potentially more dangerous, and more likely to steal from the company or fellow employees?

Is the cost worth it? Ask David Smith at Complete Car Care. Ask countless others who have had to deal with illicit drug users in the workplace.

Here are some sources for more information

  • National Clearinghouse for Alcohol and Drug Information, a service of SAMSHA, at (800) 729-6686 or at www.samsha.gov
  • Center for Substance Abuse Prevention Helpline at (800) 965-5522
  • Coastal Health Management Services Inc., which offers nationwide services for substance-abuse programs, access to certified laboratories, certified MROs, nationwide Employee Assistance Programs, and assistance with policy and program development (800) 533-8107.

Wade Stone is the national manager of complete drug-free workplace programs for Coastal Health Management Services, established in 1989 to provide program management and administration assistance to companies wanting to establish or review substance abuse programs. For more information, call (800) 533-8107.


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